1. Revocation of the first instance judgment.

2. The plaintiff's lawsuit of this case is dismissed.

3. The costs of lawsuit shall be all of the first and second instances.

1. Determination on the legitimacy of a subsequent appeal

A. The Defendant’s assertion against the Defendant regarding the auction of real estate B and C (Dupl) by the Incheon District Court, the Defendant filed a lawsuit seeking confirmation of non-existence of a lien on each of the real estate listed in the separate sheet (hereinafter “instant real estate”) reported to the same court as of February 14, 2013, and the same court rendered a judgment accepting the Plaintiff’s claim (hereinafter “the judgment of the first instance”). On June 12, 2013, the judgment of the first instance was served on the Defendant on June 12, 2013, and on June 27, 2013, the Defendant asserted that the date when the said judgment became final is deemed to be June 26, 2013, but it appears to be erroneous on June 27, 2013.

However, the defendant did not receive a service of the complaint of this case, notice of the sentencing date, and the original copy of the judgment of the court of first instance during the trial of the court of first instance. Thus, the defendant filed an appeal for subsequent completion of the case.

B. According to Article 183(1) of the Civil Procedure Act, “the documents to be served” refers to “the domicile, residence, business place, or office of the person to be served.”

section 32.

“A place under Paragraph 2” is referred to as “a place of service where a person receiving service is not known or is unable to serve at that place, the address, etc. of another person being employed by an employment delegation or other legal action is referred to as “a place of service.”

service may be made at the time of such service.

Article 186(1) provides, “If a person to receive service at a place other than his/her work place has not been present, the document may be delivered to his/her clerk, employee, or cohabitant who is man of sense.”

"If a recipient of service has not been present at the working place," and in paragraph 2 of this Article, the receipt of documents shall be made by another person under Paragraph 2 of Article 183, or his legal representative or employee, who is man of sense as an employee.